According to the affidavit, Bunce observed that the infant was fussy and screaming in pain when she came downstairs at approximately 9:30 a.m. and she determined the baby’s neck was hurting. Following Pena’s departure from the house at noon, Bunce and Dillon observed the baby in distress and pain and bruising to the baby’s neck, according to court documents. Bunce texted Pena that the baby’s neck was fractured, according to the affidavit.
The court documents add that Dillon reported she requested the baby be taken to a hospital, but both parents refused. Pena returned home around 4:30 p.m. and he and Bunce had a physical confrontation about the baby’s injuries and condition, the court records state. That day, Pena sent a text to Bunce saying that “it was accidental” and the next day sent her another that said he felt bad about dropping her and that it “was an accident.”
At 9:09 a.m. Feb. 19, Bunce texted Pena that “I think my daughters having a seizure” and indicated they were taking her to the hospital, according the the affidavit. Bunce noticed her baby having spasms at 9 a.m., according to the affidavit. Court documents state that no one called 911 and Bunce and Dillon took the baby to Davenport instead of Genesis of DeWitt, which was approximately 15 minutes from Calamus.
The infant was hospitalized at the University of Iowa Hospitals from Feb. 19 to March 6 for multiple brain and spinal injuries. According to the affidavit, Dr. Resiyme Oral gave the opinion that the injuries were consistent with non-accidental abusive head trauma. Oral characterized the infant’s status at 9 a.m. Feb. 19 as a “life and death situation.”
Each of the charges are class C felonies and carry with them, upon conviction, as much as 10 years in prison and a fine of between $1,000 and $10,000.